Baker v. Gunther

Robinson, J., delivered the opinion of the Court. The appellants are shippers of coal, occupying a pier on grounds belonging to the Canton Company. They receive the coal by the Union Railroad, with which the pier is connected by a rail track, and the rail track is laid upon an embankment. This suit is brought by the appellee for labor and materials furnished by him in the construction of said embankment.

The plaintiff offered evidence to prove that the embankment was built by him under a special contract with the appellants, and that Baker, one of the firm, gave directions about the work, which was completed in six: months, according to plans and specifications of one Kenly, who was employed by the appellants to superintend the work. ³⁷⁵ The evidence on the part of the appellants tended to prove they never employed the appellee to do the work, and that Baker gave no orders or directions concerning the same. Thus the parties were at issue before the jury on the question of employment, value of services and materials. In the further progress of the case the appellants offered in evidence a lease between them and the Canton Company, made in April, 1877, after the embankment was begun, for the purpose of showing that according to the terms of the lease, it was the duty of the Canton Company to construct the embankment, and the sole question is whether the the lease was admissible in evidence. Conceding for the purposes of this case that the Canton Company was hound by the